TRADEMARKS, COPYRIGHTS & RESTRICTIONS

All materials on this site, including, but not limited to, text, images, illustrations, downloadables, are protected by copyrights which are owned or licensed by Kaleidoscopic, Inc.. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from http://www.Kaleidoscopic.net. However, you may download or make one copy for your use only of the Materials, and other downloadable items displayed on the site, for internal use only consistent with the purpose for which the Materials are made available to you by Kaleidoscopic, Inc.. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of Kaleidoscopic, Inc.'s copyrights and other proprietary rights. Use of these Materials on any other web site or other networked computer environment which has not been authorized by Kaleidoscopic, Inc., whether by way of copying the Materials or by linking to them, is prohibited without prior written permission from Kaleidoscopic, Inc.

PROPRIETARY INFORMATION

All materials on this site, including, but not limited to, text, files, images, illustrations, downloadables, are “Proprietary Information” shall mean all trade secrets or confidential or proprietary information and at the time any such trade secret or confidential or proprietary information is disclosed by the Disclosing Party to the Recipient. Notwithstanding the foregoing, information which is orally or visually disclosed to the Recipient by the Disclosing Party, or is disclosed in writing, shall constitute Proprietary Information and thereafter shall remain Proprietary Information. In addition, the term “Proprietary Information” shall be deemed to include: (a) any text, files, images, illustrations, downloadables, notes, analyses, compilations, studies, interpretations, memoranda or other documents prepared by the Recipient or its Representatives which contain, reflect or are based upon, in whole or in part, any Proprietary Information furnished to the Recipient or its Representatives pursuant hereto; and (b) the existence or status of, and any information concerning, the discussions between the parties concerning the possible establishment of a business relationship.

SUBMISSIONS

Copyright on materials posted on Kaleidoscopic's: http://www.Kaleidoscopic.net, http://www.MyFilePro.com, http://www.MyPaperFlyer.com, http://www.RadiantResponse.com are held by the individual creators.

All postings, messages, text, files, images, graphics, photos, audio clips, sounds, video or other materials (the "Content") posted on, transmitted through, or linked from the Site, are the sole responsibility of the person from whom such Content originated. You are entirely responsible for all Content that you post, email or otherwise make available through the Sites. For all Content provided by you, you agree to indemnify Provider as provided below.

By uploading or otherwise posting any Content on the Sites, you represent and warrant: (i) you own or otherwise have all necessary rights, including but not limited to copyrights, to the content you provide and the rights to use it as provided in this Terms of Service; (ii) all information you provide is true, accurate, current and complete, and does not violate these Terms of Service; and, (iii) the content will not cause injury to any person or entity.

You agree not to upload, transmit, distribute or otherwise publish in these or any other sites connected with Kaleidoscopic, Inc. any Materials which are:

• libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy;
• an infringement of the intellectual property rights, including, but not limited to, copyrights and trademarks, of any person or entity;
• illegal in any way or which advocate illegal activity;
• an advertisement or solicitation of funds, goods, or services.

LICENSE

For all such information and material, you grant Kaleidoscopic, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future.

No Pre-Screening or Editing

This site offers email marketing, digital asset management, ftp service, printing, weblogs, forums, photo galleries and other interactive areas where users can express opinions and share ideas and information. Kaleidoscopic, Inc. cannot and does not monitor all of the material posted or transmitted to the Sites. Additionally, the Kaleidoscopic, Inc. does not control, and is not responsible for, Content made available through the Site by members. You agree that you must evaluate, and bear all risks associated with, the use of the Sites and any of its Content, including but not limited to whether you should rely on said Content.

You also agree that under no circumstances will Kaleidoscopic, Inc. be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Sites. You acknowledge that Provider does not pre-screen or approve Content, but that Kaleidoscopic, Inc. shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Site, for violating the letter or spirit of the Terms or for any other reason. Kaleidoscopic, Inc. reserves the right to delete any posting, file, message or photograph at any time, for any reason or no reason.

This agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, as it is applied to agreements entered into and performed within that State. Any action brought to enforce this agreement or matters related to the site shall be brought in either the State or Federal Courts of North Carolina. If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force. This contains the entire agreement between you and Kaleidoscopic, Inc. concerning your use of the site.

TERMINATION

Kaleidoscopic, Inc. may, in its sole discretion, terminate or suspend your access to all or part of the above mentioned websites, including, but not limited to, any bulletin boards, email delivery, file hosting, file transfer protocol, and all other services offered on the websites, for any reason, including without limitation, breach of this agreement. In the event this agreement is terminated, the restrictions regarding Materials appearing on the sites, and the representations and warranties, indemnities, and limitations of liabilities set forth in this agreement shall survive any such termination.

Terms of Service - RadiantResponse

1. LEGAL AGREEMENT

RadiantResponse and its affiliates provide software, products, web sites, and technology (collectively, the "RadiantResponse Services"). These RadiantResponse Terms of Service comprise a legal agreement ("Agreement") between You (the customer submitting an order form associated with this Agreement or otherwise using RadiantResponse Services) and RadiantResponse and govern Your use of RadiantResponse Services. BY ORDERING RadiantResponse SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, AS MODIFIED FROM TIME TO TIME. If you do not agree to these Terms of Service, do not order or use any RadiantResponse Service.

"You" means You, Your company, Your employees, and anyone who has access to use Your RadiantResponse account. You must be at least eighteen (18) years of age to subscribe to and use any RadiantResponse Service.

You agree to familiarize Yourself with, and to regularly review, the Terms of Service, and other terms and guidelines published by RadiantResponse and abide by them if You choose to use the RadiantResponse Services to which such terms apply. RadiantResponse reserves the right to change the Terms of Service at anytime without notice. If You continue to use RadiantResponse Services after any such changes, Your continued use will constitute Your consent to such changes. RadiantResponse agrees to identify the date of last revisions of its Terms of Service.

If You do not have print capability and desire to obtain a hard copy of these Terms of Service, please send RadiantResponse an email requesting a hard copy. You may also click on the link to "Terms of Service" at the bottom of each page of RadiantResponse web sites for a copy of these Terms of Service, which may be printed and saved through the printing and saving capability of your browser and printer.

If you have questions about these Terms of Service, please contact us at 1-888-Brand-17.

2. YOUR WARRANTIES

By subscribing to or receiving any RadiantResponse Service, You make the following representations and warranties. RadiantResponse shall have the right to terminate your RadiantResponse account, without notice at any time, if any representation or warranty made by You proves to be untrue in any respect.

You represent and warrant that:

• You and all users of the RadiantResponse Service approved by you are at least eighteen (18) years of age;
• You have the legal capacity and authority to: (a) enter into binding contracts for the sale and purchase of goods and services, (b) be bound by these Terms of Service, (c) subscribe to and use the RadiantResponse Service, including, where applicable, the buying, selling and listing of items, in accordance with these Terms of Service, and (d) if you are acting in a corporate capacity, bind Your company;
• You will not use the RadiantResponse Service for any purpose that is unlawful, or prohibited by these Terms of Service (as may be modified from time to time);
• All information and content supplied by You or by others using any RadiantResponse Service, including but not limited to all information submitted as part of the registration and subscription process and all content included in e-mails delivered by you via any RadiantResponse Service (collectively, "Customer Content"), is true and accurate;
• Any products or services advertised, sold or otherwise distributed by You on or in connection with any Customer Content are legal for sale or distribution; that you have all licenses necessary to sell or advertise the goods or services offered for sale or distribution and that all sales and advertisements will be in compliance with applicable law;
• You own or have the right to use all of the intellectual property, proprietary and similar rights necessary for all Customer Content, and all products and services sold or otherwise distributed by You or on Your behalf that are referred to in the Customer Content;
• Your delivery of emails in connection with any RadiantResponse Services is in full compliance with the CAN-SPAM Act of 2003; and
• You have secured required permission to use any person's name, voice, likeness or performance as embodied in any Customer Content, and nothing in the Customer Content will otherwise infringe on the privacy or publicity right of any individual.

By using the RadiantResponse Service, You agree that You will defend and indemnify RadiantResponse and its suppliers from any third party claim related to a breach of any of the foregoing warranties.

3. E-MAIL CAMPAIGNS:

RadiantResponse provides e-mail management software for newsletters, surveys, press releases, and other customer communications.

RadiantResponse may only be used in connection with e-mail lists for which recipients have voluntarily registered. Using RadiantResponse to send e-mail to an address You obtain without the consent of such addressee is a violation of the RadiantResponse Terms of Service. You may not access the mailing lists of third parties on RadiantResponse Services, and You may not access or otherwise use such third party mailing lists in connection with preparing or distributing unsolicited e-mail to any third party. You may not import any e-mail addresses to Your list that have not chosen to receive Your mailings. You may only send e-mail to customers that have willingly signed up to receive Your mailings. If RadiantResponse receives complaints about Your list, Your list will be reviewed and may be terminated. You may not send mail under any company or organization name other than Your own and/or with fraudulent header or source information. Please see RadiantResponse's anti-spam policy for further information and restrictions regarding use of RadiantResponse Services.

If You use RadiantResponse to create a mailing list (a "Mailing List"), You may remove any e-mail address contained therein from such Mailing List at Your discretion. You agree to honor the request of the owner of any e-mail address to remove that address from a Mailing List within ten (10) business days after receipt of such request. You may establish additional terms and conditions that may be applied to persons subscribed to Your Mailing Lists.

If You register with a Mailing List, You acknowledge that the owner of the mailing list may remove Your e-mail address from such Mailing List, in its discretion and at any time, and that Your participation in such Mailing List may be subject to additional terms and conditions that may be changed from time to time.

RadiantResponse may include in every e-mail sent by any RadiantResponse Service a statement similar to the following: "Powered by RadiantResponse".

4. LIMITATIONS ON YOUR USE OF RadiantResponse.com SERVICES

RadiantResponse Services are provided to assist You with the operation of Your business. Your right to use the RadiantResponse Service is limited to You, Your company and its employees. You are solely responsible for Customer Content and all use of Your RadiantResponse account. RadiantResponse reserves the right, but is not obligated, to monitor or to review Customer Content and to monitor your compliance with these Terms of Service. RadiantResponse reserves the right in its sole discretion to: (a) refuse to provide RadiantResponse Services if You violate these Terms of Service, and/or (b) edit, refuse to post, or remove any Customer Content that violates the Terms of Service, without notice at any time.

You may not: (a) restrict or inhibit any other user from using and enjoying such user's rights in RadiantResponse Services, or (b) interfere with or disrupt our RadiantResponse Servers or servers or any network connected to RadiantResponse Services.

In addition, You may not use the RadiantResponse Services to:

• send unsolicited bulk email, for commercial or non-commercial purposes. Unsolicited bulk email is defined as email sent to more than 10 individuals without their permission;
• rent, lease, license, grant a security interest in, or otherwise transfer or sublicense Your rights hereunder to any third party;
• defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise violate or infringe the legal rights (including the rights of privacy and publicity) of any other person;
• conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, or multi-level or illegal marketing campaigns;
• harm minors in any way;
• publish, post, distribute, disseminate, advertise or link to any: (i) content, site, topic, name, material or information which is inappropriate, profane, defamatory, libelous, slanderous, infringing, obscene, indecent, or which contains nudity or adult content; (ii) software, content or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless You own or control such rights or have received all necessary consents for Your publication, distribution, or linking of such software and other materials; (iii) software, content or other material that contains viruses, worms, corrupted files, cracks or that may or are intended to damage the operation of or render inoperable another's computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs; (iv) software, content, other material or Web site that constitutes "hate speech", whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group;
• sell, offer to sell, distribute, promote, facilitate, disseminate or link to any sites for marketing, sales, promotion, facilitation or distribution of: firearms; explosives; ammunition; liquor; tobacco products; illegal gambling (including gambling in connection with sporting events); food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; illicit drugs, pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods or services that infringe or otherwise violate a third party's rights including copyright, patent, trademark, or rights of publicity or privacy; goods that are considered indecent, obscene or pornographic; Nazi memorabilia; registered or unregistered securities; goods or services that You cannot legally sell; goods which are misrepresented or which do not in fact exist; fraudulent goods; or any other illegal activity;
• harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties;
• violate any applicable government laws or regulations.

5. USE AND OWNERSHIP OF SOFTWARE

Subject to the terms and conditions of this Agreement, RadiantResponse grants You, and You accept, a nontransferable and nonexclusive license to use in object code form only any software used in connection with RadiantResponse Services or made available to download on RadiantResponse sites (the "Software") solely for Your purposes using Your data, and not for the benefit of any third party (unless otherwise agreed in writing by RadiantResponse). You may use and access the Software made available over the Web only through authorized MyPaperFlyer.com web sites. You agree to use reasonable security measures to minimize the risk of unauthorized access to and use of the Software.

The Software may be used and accessed only by You using the Software for its intended purpose while doing Your work.

You acknowledge that RadiantResponse is the sole owner of all intellectual property rights in and to the Software and all web sites provided by RadiantResponse in connection with the RadiantResponse Services (the "Sites"), including but not limited to the structure, organization, design, algorithms, methods, templates, data models, data structures, logic flow, and screen displays associated therewith. All customizations, enhancements, modifications and new code made available to You pursuant to this Agreement shall be deemed "Software" hereunder and shall be owned by RadiantResponse. Except as expressly authorized in this Agreement, You will not copy, modify, display, rent or unbundle the Software. In addition, You will not reverse engineer, decompile or disassemble the Software, and will not otherwise attempt to reconstruct or discover the source code for the Software. The Software and the Sites (collectively, the "Licensed Product") shall be used only to You for Your sole and exclusive benefit, and shall not be used to provide time-sharing or other similar services for the benefit of any third party. RadiantResponse reserves all rights in the Licensed Product not expressly granted to You hereunder.

Your use of Software made available for downloading by RadiantResponse may also be governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). To the extent that the License Agreement conflicts with the Terms of Service, the terms of the License Agreement shall govern Your use of the Software. You may not install or use any Software that is accompanied by or includes a License Agreement unless You first agree to the License Agreement. In addition, You shall keep intact all and may not alter any copyright and other proprietary notices contained in the Software. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions. All software downloaded or otherwise obtained by the U.S. Government is provided with the commercial license rights and restrictions described elsewhere herein.

6. FEES

Some products and services available through or in connection with RadiantResponse require that You purchase a subscription or otherwise pay a fee. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of Your RadiantResponse account by You or anyone else using Your account. RadiantResponse reserves the right to modify the fees charged for RadiantResponse Services from time to time, provided that such new fees shall not take effect earlier than thirty (30) days after RadiantResponse provides notice to You of such modified fees.

Except as expressly set forth in this Agreement, RadiantResponse is not required to refund to You any amounts paid hereunder. It is Your responsibility to notify RadiantResponse if Your credit card has changed or has expired and to make appropriate changes or Your service may be disconnected or interrupted.

7. CHANGES TO SERVICES, TERMINATION

RadiantResponse may change any of the RadiantResponse Services at any time and from time to time without notice, including terminating the offering of any RadiantResponse Service altogether. In such event, RadiantResponse will provide You with a pro-rata refund of any pre-paid fees associated with such RadiantResponse Service.

This Agreement is effective until terminated. Either party may terminate this Agreement upon thirty (30) days written notice to the other party. RadiantResponse may terminate or suspend this Agreement immediately if in RadiantResponse's sole judgment You breach any of the terms and conditions of this Agreement. All provisions of this Agreement relating to payment; disclaimers; limitation of liability; confidentiality; and RadiantResponse's proprietary rights shall survive termination or expiration of this Agreement.

8. LINKS TO THIRD PARTY SITES

Links within the RadiantResponse service may let You leave the RadiantResponse site. You acknowledge that the linked sites are not under the control of RadiantResponse and that RadiantResponse is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or any form of transmission received from any linked site. RadiantResponse is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by RadiantResponse of the linked site or any association with their operators.

9. LICENSE YOU GRANT TO RadiantResponse

RadiantResponse does not claim ownership of any Customer Content. However, You grant RadiantResponse a royalty-free license to use (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat Customer Content, and to publish Your name in connection with Customer Content) Customer Content only in connection with the operation and promotion of RadiantResponse Services. You also grant RadiantResponse the right to publish Your name in connection with any such use. No compensation will be paid or due You with respect to RadiantResponse's or its sublicensee's use of Your Customer Content.

You grant RadiantResponse permission to use screen shots of any Web page that contains a link to RadiantResponse in RadiantResponse promotional materials, and represent and warrant that You have sufficient authority to grant the foregoing rights.

10. LIMITATIONS OF LIABILITY AND DISCLAIMERS

The information, software, products, services and other material included in or available through RadiantResponse Services may not be complete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Advice, information, products, services or other materials received via RadiantResponse Services should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals.

RadiantResponse warrants that it will use commercially reasonable efforts to provide the ordered RadiantResponse Services in accordance with the terms and conditions in the applicable order form. Otherwise, RadiantResponse makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the RadiantResponse Services. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, ALL RadiantResponse SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND RadiantResponse AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE RadiantResponse SERVICES, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL RadiantResponse OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF RadiantResponse OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN ADDITION, RadiantResponse OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR:

• DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF RadiantResponse SERVICES, OR
• WITH THE DELAY OR INABILITY TO USE RadiantResponse SERVICES; IF YOU ARE DISSATISFIED WITH ANY PORTION OF RadiantResponse SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING RadiantResponse SERVICES.

Without limiting the foregoing, RadiantResponse is not responsible for any of Your data residing on RadiantResponse hardware or systems, including such hardware or systems provided to RadiantResponse by third parties. You are responsible for maintaining and backing-up Your data and information that may reside on RadiantResponse hardware or systems, including such hardware or systems provided to RadiantResponse by third parties, whether or not such information is produced through the use of RadiantResponse, including all Customer Content.

RadiantResponse is not liable for Your actions with Your customers or vendors, or the use of their information, or for any other actions arising from Your use, or the use of other parties to whom You have given access to Your RadiantResponse information, through the use of RadiantResponse Services.

RadiantResponse is not involved in any transaction between You and Your buyer or seller or other third parties with whom you may have transactions through Your web site or between You and any user of any products or services offered or provided by You or by a third party through any RadiantResponse Service. RadiantResponse is not responsible for screening, censoring or otherwise controlling your Customer Content, or any listings or transactions offered or conducted via your Customer Content. You are deemed to have a direct commercial relationship with each third party that purchases goods or services from or undertakes any other transaction with You. RadiantResponse is not acting as Your or any third party's agent in connection with the operation of RadiantResponse Services. Further, because RadiantResponse is not involved in any orders or other transactions between You and other users of RadiantResponse or other marketplace forums, RadiantResponse cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transactions or the purchase or sale of listed goods or otherwise.

11. INDEMNITY

You agree to defend, indemnify and hold RadiantResponse and its suppliers harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from Your violation of these Terms of Service, or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of Your relationship with RadiantResponse or Your use of RadiantResponse Services.

12. ACCESS RESTRICTION; ACCOUNT SECURITY AND PASSWORDS

You may not use a name in connection with operating Your RadiantResponse account that is confusing or misleading to participants, or otherwise impersonate or deceive participants with respect to Your identity.

You are responsible for safeguarding the confidentiality of Your account information (including password(s) and user name(s) issued to You) and for any use or misuse of Your account or RadiantResponse Services resulting from any third party using a password or user name issued to You. You agree to notify RadiantResponse immediately of any known or suspected unauthorized access to or use of Your account, Your password, the password of any individual user to whom You have issued a login ID or any other breach of security or misuse of the RadiantResponse known to or suspected by You. You may change Your password at any time by following instructions on the RadiantResponse web site.

You hereby authorize RadiantResponse to rely on any data, notice, instruction or request furnished by You to RadiantResponse, or that RadiantResponse reasonably believes to have been furnished by You. You are solely responsible for maintaining the confidentiality of Your account information and monitoring usage of Your account. RadiantResponse is not responsible for fraud of participants or of other users of your account.

13. PRIVACY; YOUR CUSTOMER DATA

RadiantResponse will not use Your customer data or Your customer contact list for any purposes other than those intended by the RadiantResponse Service. Your customer information will not be shared with any other parties, unless you are also subscribing to a RadiantResponse Service where one of the features of such service is the sharing of customer information between services. RadiantResponse will not use Your customer information for the purpose of sending unsolicited commercial e-mail to such customers. For more information about RadiantResponse's privacy and information practices, please see RadiantResponse's Privacy Statement.

14. GENERAL

These Terms of Service are governed by the laws of the State of North Carolina, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Mecklenburg County, North Carolina, U.S.A. in all disputes arising out of or relating to the use of the RadiantResponse Services.

You agree that no joint venture, partnership, employment, or agency relationship exists between You and RadiantResponse as a result of these Terms or Service or use of RadiantResponse Services.

RadiantResponse's performance of this Agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service are in derogation of RadiantResponse's right to comply with governmental, court and law enforcement requests or requirements relating to Your use of RadiantResponse Services or information provided to or gathered by RadiantResponse with respect to such use.

If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect.

Unless otherwise specified herein, these Terms of Service, the Anti-Spam Policy and the Privacy Statement constitute the entire Agreement between the user and RadiantResponse with respect to RadiantResponse Services and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and RadiantResponse with respect to RadiantResponse Services.

RadiantResponse reserves the right to disclose any information, content, or materials as necessary to satisfy any applicable law, regulation, legal process or government request or in accordance with RadiantResponse's Privacy Statement.

Any rights not expressly granted herein are reserved by RadiantResponse, including all legal and equitable remedies available to RadiantResponse upon Your violation of any of these Terms of Service.

15. TRADEMARKS

RadiantResponse is a service mark of RadiantResponse Software, Inc. The names of actual companies and products mentioned herein may be the trademarks or service marks of their respective owners.

 

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Terms of Service - MyPaperFlyer

1. LEGAL AGREEMENT

MyPaperFlyer.com and its affiliates provide software, products, web sites, and technology (collectively, the "MyPaperFlyer.com Services"). These MyPaperFlyer.com Terms of Service comprise a legal agreement ("Agreement") between You (the customer submitting an order form associated with this Agreement or otherwise using MyPaperFlyer.com Services) and MyPaperFlyer.com and govern Your use of MyPaperFlyer.com Services. BY ORDERING MyPaperFlyer.com SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, AS MODIFIED FROM TIME TO TIME. If you do not agree to these Terms of Service, do not order or use any MyPaperFlyer.com Service.

"You" means You, Your company, Your employees, and anyone who has access to use Your MyPaperFlyer.com account. You must be at least eighteen (18) years of age to subscribe to and use any MyPaperFlyer.com Service.

You agree to familiarize Yourself with, and to regularly review, the Terms of Service, and other terms and guidelines published by MyPaperFlyer.com and abide by them if You choose to use the MyPaperFlyer.com Services to which such terms apply. MyPaperFlyer.com reserves the right to change the Terms of Service at anytime without notice. If You continue to use MyPaperFlyer.com Services after any such changes, Your continued use will constitute Your consent to such changes. MyPaperFlyer.com agrees to identify the date of last revisions of its Terms of Service.

If You do not have print capability and desire to obtain a hard copy of these Terms of Service, please send MyPaperFlyer.com an email requesting a hard copy. You may also click on the link to "Terms of Service" at the bottom of each page of MyPaperFlyer.com web sites for a copy of these Terms of Service, which may be printed and saved through the printing and saving capability of your browser and printer.

If you have questions about these Terms of Service, please contact us at 1-888-Brand-17.

2. YOUR WARRANTIES

By subscribing to or receiving any MyPaperFlyer.com Service, You make the following representations and warranties. MyPaperFlyer.com shall have the right to terminate your MyPaperFlyer.com account, without notice at any time, if any representation or warranty made by You proves to be untrue in any respect.

You represent and warrant that:

• You and all users of the MyPaperFlyer.com Service approved by you are at least eighteen (18) years of age;
• You have the legal capacity and authority to: (a) enter into binding contracts for the sale and purchase of goods and services, (b) be bound by these Terms of Service, (c) subscribe to and use the MyPaperFlyer.com Service, including, where applicable, the buying, selling and listing of items, in accordance with these Terms of Service, and (d) if you are acting in a corporate capacity, bind Your company;
• You will not use the MyPaperFlyer.com Service for any purpose that is unlawful, or prohibited by these Terms of Service (as may be modified from time to time);
• All information and content supplied by You or by others using any MyPaperFlyer.com Service, including but not limited to all information submitted as part of the registration and subscription process and all content included in e-mails delivered by you via any MyPaperFlyer.com Service (collectively, "Customer Content"), is true and accurate;
• Any products or services advertised, sold or otherwise distributed by You on or in connection with any Customer Content are legal for sale or distribution; that you have all licenses necessary to sell or advertise the goods or services offered for sale or distribution and that all sales and advertisements will be in compliance with applicable law;
• You own or have the right to use all of the intellectual property, proprietary and similar rights necessary for all Customer Content, and all products and services sold or otherwise distributed by You or on Your behalf that are referred to in the Customer Content;
• Your delivery of emails in connection with any MyPaperFlyer.com Services is in full compliance with the CAN-SPAM Act of 2003; and
• You have secured required permission to use any person's name, voice, likeness or performance as embodied in any Customer Content, and nothing in the Customer Content will otherwise infringe on the privacy or publicity right of any individual.

By using the MyPaperFlyer.com Service, You agree that You will defend and indemnify MyPaperFlyer.com and its suppliers from any third party claim related to a breach of any of the foregoing warranties.

3. E-MAIL CAMPAIGNS:

MyPaperFlyer.com provides e-mail management software for newsletters, surveys, press releases, and other customer communications.

MyPaperFlyer.com may only be used in connection with e-mail lists for which recipients have voluntarily registered. Using MyPaperFlyer.com to send e-mail to an address You obtain without the consent of such addressee is a violation of the MyPaperFlyer.com Terms of Service. You may not access the mailing lists of third parties on MyPaperFlyer.com Services, and You may not access or otherwise use such third party mailing lists in connection with preparing or distributing unsolicited e-mail to any third party. You may not import any e-mail addresses to Your list that have not chosen to receive Your mailings. You may only send e-mail to customers that have willingly signed up to receive Your mailings. If MyPaperFlyer.com receives complaints about Your list, Your list will be reviewed and may be terminated. You may not send mail under any company or organization name other than Your own and/or with fraudulent header or source information. Please see MyPaperFlyer.com's anti-spam policy for further information and restrictions regarding use of MyPaperFlyer.com Services.

If You use MyPaperFlyer.com to create a mailing list (a "Mailing List"), You may remove any e-mail address contained therein from such Mailing List at Your discretion. You agree to honor the request of the owner of any e-mail address to remove that address from a Mailing List within ten (10) business days after receipt of such request. You may establish additional terms and conditions that may be applied to persons subscribed to Your Mailing Lists.

If You register with a Mailing List, You acknowledge that the owner of the mailing list may remove Your e-mail address from such Mailing List, in its discretion and at any time, and that Your participation in such Mailing List may be subject to additional terms and conditions that may be changed from time to time.

MyPaperFlyer.com may include in every e-mail sent by any MyPaperFlyer.com Service a statement similar to the following: "Powered by MyPaperFlyer.com".

4. LIMITATIONS ON YOUR USE OF MyPaperFlyer.com SERVICES

MyPaperFlyer.com Services are provided to assist You with the operation of Your business. Your right to use the MyPaperFlyer.com Service is limited to You, Your company and its employees. You are solely responsible for Customer Content and all use of Your MyPaperFlyer.com account. MyPaperFlyer.com reserves the right, but is not obligated, to monitor or to review Customer Content and to monitor your compliance with these Terms of Service. MyPaperFlyer.com reserves the right in its sole discretion to: (a) refuse to provide MyPaperFlyer.com Services if You violate these Terms of Service, and/or (b) edit, refuse to post, or remove any Customer Content that violates the Terms of Service, without notice at any time.

You may not: (a) restrict or inhibit any other user from using and enjoying such user's rights in MyPaperFlyer.com Services, or (b) interfere with or disrupt our MyPaperFlyer.com Servers or servers or any network connected to MyPaperFlyer.com Services.

In addition, You may not use the MyPaperFlyer.com Services to:

• send unsolicited bulk email, for commercial or non-commercial purposes. Unsolicited bulk email is defined as email sent to more than 10 individuals without their permission;
• rent, lease, license, grant a security interest in, or otherwise transfer or sublicense Your rights hereunder to any third party;
• defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise violate or infringe the legal rights (including the rights of privacy and publicity) of any other person;
• conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, or multi-level or illegal marketing campaigns;
• harm minors in any way;
• publish, post, distribute, disseminate, advertise or link to any: (i) content, site, topic, name, material or information which is inappropriate, profane, defamatory, libelous, slanderous, infringing, obscene, indecent, or which contains nudity or adult content; (ii) software, content or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless You own or control such rights or have received all necessary consents for Your publication, distribution, or linking of such software and other materials; (iii) software, content or other material that contains viruses, worms, corrupted files, cracks or that may or are intended to damage the operation of or render inoperable another's computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs; (iv) software, content, other material or Web site that constitutes "hate speech", whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group;
• sell, offer to sell, distribute, promote, facilitate, disseminate or link to any sites for marketing, sales, promotion, facilitation or distribution of: firearms; explosives; ammunition; liquor; tobacco products; illegal gambling (including gambling in connection with sporting events); food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; illicit drugs, pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods or services that infringe or otherwise violate a third party's rights including copyright, patent, trademark, or rights of publicity or privacy; goods that are considered indecent, obscene or pornographic; Nazi memorabilia; registered or unregistered securities; goods or services that You cannot legally sell; goods which are misrepresented or which do not in fact exist; fraudulent goods; or any other illegal activity;
• harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties;
• violate any applicable government laws or regulations.

5. USE AND OWNERSHIP OF SOFTWARE

Subject to the terms and conditions of this Agreement, MyPaperFlyer.com grants You, and You accept, a nontransferable and nonexclusive license to use in object code form only any software used in connection with MyPaperFlyer.com Services or made available to download on MyPaperFlyer.com sites (the "Software") solely for Your purposes using Your data, and not for the benefit of any third party (unless otherwise agreed in writing by MyPaperFlyer.com). You may use and access the Software made available over the Web only through authorized MyPaperFlyer.com web sites. You agree to use reasonable security measures to minimize the risk of unauthorized access to and use of the Software.

The Software may be used and accessed only by You using the Software for its intended purpose while doing Your work.

You acknowledge that MyPaperFlyer.com is the sole owner of all intellectual property rights in and to the Software and all web sites provided by MyPaperFlyer.com in connection with the MyPaperFlyer.com Services (the "Sites"), including but not limited to the structure, organization, design, algorithms, methods, templates, data models, data structures, logic flow, and screen displays associated therewith. All customizations, enhancements, modifications and new code made available to You pursuant to this Agreement shall be deemed "Software" hereunder and shall be owned by MyPaperFlyer.com. Except as expressly authorized in this Agreement, You will not copy, modify, display, rent or unbundle the Software. In addition, You will not reverse engineer, decompile or disassemble the Software, and will not otherwise attempt to reconstruct or discover the source code for the Software. The Software and the Sites (collectively, the "Licensed Product") shall be used only to You for Your sole and exclusive benefit, and shall not be used to provide time-sharing or other similar services for the benefit of any third party. MyPaperFlyer.com reserves all rights in the Licensed Product not expressly granted to You hereunder.

Your use of Software made available for downloading by MyPaperFlyer.com may also be governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). To the extent that the License Agreement conflicts with the Terms of Service, the terms of the License Agreement shall govern Your use of the Software. You may not install or use any Software that is accompanied by or includes a License Agreement unless You first agree to the License Agreement. In addition, You shall keep intact all and may not alter any copyright and other proprietary notices contained in the Software. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions. All software downloaded or otherwise obtained by the U.S. Government is provided with the commercial license rights and restrictions described elsewhere herein.

6. FEES

Some products and services available through or in connection with MyPaperFlyer.com require that You purchase a subscription or otherwise pay a fee. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of Your MyPaperFlyer.com account by You or anyone else using Your account. MyPaperFlyer.com reserves the right to modify the fees charged for MyPaperFlyer.com Services from time to time, provided that such new fees shall not take effect earlier than thirty (30) days after MyPaperFlyer.com provides notice to You of such modified fees.

Except as expressly set forth in this Agreement, MyPaperFlyer.com is not required to refund to You any amounts paid hereunder. It is Your responsibility to notify MyPaperFlyer.com if Your credit card has changed or has expired and to make appropriate changes or Your service may be disconnected or interrupted.

7. CHANGES TO SERVICES, TERMINATION

MyPaperFlyer.com may change any of the MyPaperFlyer.com Services at any time and from time to time without notice, including terminating the offering of any MyPaperFlyer.com Service altogether. In such event, MyPaperFlyer.com will provide You with a pro-rata refund of any pre-paid fees associated with such MyPaperFlyer.com Service.

This Agreement is effective until terminated. Either party may terminate this Agreement upon thirty (30) days written notice to the other party. MyPaperFlyer.com may terminate or suspend this Agreement immediately if in MyPaperFlyer.com's sole judgment You breach any of the terms and conditions of this Agreement. All provisions of this Agreement relating to payment; disclaimers; limitation of liability; confidentiality; and MyPaperFlyer.com's proprietary rights shall survive termination or expiration of this Agreement.

8. LINKS TO THIRD PARTY SITES

Links within the MyPaperFlyer.com service may let You leave the MyPaperFlyer.com site. You acknowledge that the linked sites are not under the control of MyPaperFlyer.com and that MyPaperFlyer.com is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or any form of transmission received from any linked site. MyPaperFlyer.com is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by MyPaperFlyer.com of the linked site or any association with their operators.

9. LICENSE YOU GRANT TO MyPaperFlyer.com

MyPaperFlyer.com does not claim ownership of any Customer Content. However, You grant MyPaperFlyer.com a royalty-free license to use (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat Customer Content, and to publish Your name in connection with Customer Content) Customer Content only in connection with the operation and promotion of MyPaperFlyer.com Services. You also grant MyPaperFlyer.com the right to publish Your name in connection with any such use. No compensation will be paid or due You with respect to MyPaperFlyer.com's or its sublicensee's use of Your Customer Content.

You grant MyPaperFlyer.com permission to use screen shots of any Web page that contains a link to MyPaperFlyer.com in MyPaperFlyer.com promotional materials, and represent and warrant that You have sufficient authority to grant the foregoing rights.

10. LIMITATIONS OF LIABILITY AND DISCLAIMERS

The information, software, products, services and other material included in or available through MyPaperFlyer.com Services may not be complete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Advice, information, products, services or other materials received via MyPaperFlyer.com Services should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals.

MyPaperFlyer.com warrants that it will use commercially reasonable efforts to provide the ordered MyPaperFlyer.com Services in accordance with the terms and conditions in the applicable order form. Otherwise, MyPaperFlyer.com makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the MyPaperFlyer.com Services. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, ALL MyPaperFlyer.com SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND MyPaperFlyer.com AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE MyPaperFlyer.com SERVICES, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL MyPaperFlyer.com OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF MyPaperFlyer.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN ADDITION, MyPaperFlyer.com OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR:

• DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF MyPaperFlyer.com SERVICES, OR
• WITH THE DELAY OR INABILITY TO USE MyPaperFlyer.com SERVICES; IF YOU ARE DISSATISFIED WITH ANY PORTION OF MyPaperFlyer.com SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING MyPaperFlyer.com SERVICES.

Without limiting the foregoing, MyPaperFlyer.com is not responsible for any of Your data residing on MyPaperFlyer.com hardware or systems, including such hardware or systems provided to MyPaperFlyer.com by third parties. You are responsible for maintaining and backing-up Your data and information that may reside on MyPaperFlyer.com hardware or systems, including such hardware or systems provided to MyPaperFlyer.com by third parties, whether or not such information is produced through the use of MyPaperFlyer.com, including all Customer Content.

MyPaperFlyer.com is not liable for Your actions with Your customers or vendors, or the use of their information, or for any other actions arising from Your use, or the use of other parties to whom You have given access to Your MyPaperFlyer.com information, through the use of MyPaperFlyer.com Services.

MyPaperFlyer.com is not involved in any transaction between You and Your buyer or seller or other third parties with whom you may have transactions through Your web site or between You and any user of any products or services offered or provided by You or by a third party through any MyPaperFlyer.com Service. MyPaperFlyer.com is not responsible for screening, censoring or otherwise controlling your Customer Content, or any listings or transactions offered or conducted via your Customer Content. You are deemed to have a direct commercial relationship with each third party that purchases goods or services from or undertakes any other transaction with You. MyPaperFlyer.com is not acting as Your or any third party's agent in connection with the operation of MyPaperFlyer.com Services. Further, because MyPaperFlyer.com is not involved in any orders or other transactions between You and other users of MyPaperFlyer.com or other marketplace forums, MyPaperFlyer.com cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transactions or the purchase or sale of listed goods or otherwise.

11. INDEMNITY

You agree to defend, indemnify and hold MyPaperFlyer.com and its suppliers harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from Your violation of these Terms of Service, or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of Your relationship with MyPaperFlyer.com or Your use of MyPaperFlyer.com Services.

12. ACCESS RESTRICTION; ACCOUNT SECURITY AND PASSWORDS

You may not use a name in connection with operating Your MyPaperFlyer.com account that is confusing or misleading to participants, or otherwise impersonate or deceive participants with respect to Your identity.

You are responsible for safeguarding the confidentiality of Your account information (including password(s) and user name(s) issued to You) and for any use or misuse of Your account or MyPaperFlyer.com Services resulting from any third party using a password or user name issued to You. You agree to notify MyPaperFlyer.com immediately of any known or suspected unauthorized access to or use of Your account, Your password, the password of any individual user to whom You have issued a login ID or any other breach of security or misuse of the MyPaperFlyer.com known to or suspected by You. You may change Your password at any time by following instructions on the MyPaperFlyer.com web site.

You hereby authorize MyPaperFlyer.com to rely on any data, notice, instruction or request furnished by You to MyPaperFlyer.com, or that MyPaperFlyer.com reasonably believes to have been furnished by You. You are solely responsible for maintaining the confidentiality of Your account information and monitoring usage of Your account. MyPaperFlyer.com is not responsible for fraud of participants or of other users of your account.

13. PRIVACY; YOUR CUSTOMER DATA

MyPaperFlyer.com will not use Your customer data or Your customer contact list for any purposes other than those intended by the MyPaperFlyer.com Service. Your customer information will not be shared with any other parties, unless you are also subscribing to a MyPaperFlyer.com Service where one of the features of such service is the sharing of customer information between services. MyPaperFlyer.com will not use Your customer information for the purpose of sending unsolicited commercial e-mail to such customers. For more information about MyPaperFlyer.com's privacy and information practices, please see MyPaperFlyer.com's Privacy Statement.

14. GENERAL

These Terms of Service are governed by the laws of the State of North Carolina, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Mecklenburg County, North Carolina, U.S.A. in all disputes arising out of or relating to the use of the MyPaperFlyer.com Services.

You agree that no joint venture, partnership, employment, or agency relationship exists between You and MyPaperFlyer.com as a result of these Terms or Service or use of MyPaperFlyer.com Services.

MyPaperFlyer.com's performance of this Agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service are in derogation of MyPaperFlyer.com's right to comply with governmental, court and law enforcement requests or requirements relating to Your use of MyPaperFlyer.com Services or information provided to or gathered by MyPaperFlyer.com with respect to such use.

If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect.

Unless otherwise specified herein, these Terms of Service, the Anti-Spam Policy and the Privacy Statement constitute the entire Agreement between the user and MyPaperFlyer.com with respect to MyPaperFlyer.com Services and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MyPaperFlyer.com with respect to MyPaperFlyer.com Services.

MyPaperFlyer.com reserves the right to disclose any information, content, or materials as necessary to satisfy any applicable law, regulation, legal process or government request or in accordance with MyPaperFlyer.com's Privacy Statement.

Any rights not expressly granted herein are reserved by MyPaperFlyer.com, including all legal and equitable remedies available to MyPaperFlyer.com upon Your violation of any of these Terms of Service.

15. TRADEMARKS

MyPaperFlyer.com is a service mark of MyPaperFlyer.com Software, Inc. The names of actual companies and products mentioned herein may be the trademarks or service marks of their respective owners.